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2024 Supreme(Cal) 98

SUGATO MAJUMDAR
Krishna Traders – Appellant
Versus
Dutch Bangla Bank Ltd. – Respondent


Advocates Appeared:
For the Plaintiff : Mr. Rupak Ghosh, Adv., Mr. Subir Banerjee, Adv., Mr. Ayan Kr. Dutta, Adv., Mr. Saudull Abedin, Adv., Ms. Pooja Singh, Adv.
For the Defendant : Mr. Asim Kr. Dutta, Adv., Mr. Aniruddha Mahanty, Adv., Ms. Tina Biswas, Adv.

JUDGMENT :

Sugato Majumdar, J.

1. The instant suit is filed by the Plaintiff firm praying for decree of declaration that the Plaintiff is entitled to encash the Letter of Credit bearing number DBBL/105990071 dated 1st November, 1999 issued by the Defendant No.1; injunction restraining the defendants and each of them whether by themselves or their subordinates, agents, men or otherwise howsoever from in any way withholding any payment due to the Plaintiff under the Letter of Credit bearing number DBBL/105990071 dated 1st November, 1999 valued at $99,600 US dollar together with interest thereon at a rate of 24% per annum; decree for a sum of $103431 US dollar against the defendants jointly; perpetual injunction restraining the Defendant No.1 from giving any effect or further effect to or acting in terms of or pursuant to or in furtherance of its communications being Annexures “C-1” and “C-2” to the plaint; interim interest along with ancillary prayers.

2. The plaint case in nutshell is that the Plaintiff is a partnership firm duly registered under the Indian Partnership Act, 1932 exporting various products, having its office at 20, Hara Chandra Mullick Street, Kolkata – 700005 within

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